Last Updated: 11-15-2020
2. Submission Terms
- You represent and warrant that You are at least 18 years old, legally competent, and not an employee of BBU, Bimbo Ventures, or any of BBU’s suppliers, partners, or other affiliates.
- You acknowledge and agree that nothing prohibits You from making this Submission.
- You agree that BBU is free to use, in any manner, all or part of this Submission without violating Your rights, providing You credit, obligation, or recognition, or owing You compensation.
YOU HAVE NOT SUBMITTED CONFIDENTIAL OR PROPRIETARY INFORMATION
- You acknowledge and agree that You (and / or your attorney) have carefully reviewed Your Submission. You represent and warrant that no information or materials in Your Submission is confidential or proprietary.
- You acknowledge and agree that, because nothing in your Submission is confidential or proprietary, nothing prohibits BBU or its partners, suppliers, or other affiliates from developing the business information, ideas, designs, formulations, processes, systems, know-how, packaging, promotions, technologies, campaigns, initiatives, works, logos, suggestions, or any other information contained in Your Submission.
- You may be contacted if BBU is interested in your Submission or if your Submission is missing information. You acknowledge and agree that any additional materials or information that you provide to BBU in connection with this Submission, even if provided to BBUA after your Submission, is not confidential or proprietary and is fully subject to the terms these Terms and Conditions.
- If BBU accepts Your Submission, You will be provided with a Non-Disclosure Agreement (“NDA”). You acknowledge and agree that You will not submit or provide any confidential or proprietary information to BBU until You and BBU have entered into an NDA.
- You agree that you are not relying on BBU for legal advice, including whether any aspect of the Submission is protected under intellectual property law.
BBU MAY USE AND DISCLOSE YOUR SUBMISSION; YOUR SUBMISSION WILL NOT BE RETURNED
- You acknowledge and agree that BBU may use all or part of Your Submission and disclose Your Submission and that BBU has no obligation to maintain its confidentiality.
- You acknowledge and agree that BBU or its partners, suppliers, or other affiliates maintain robust global research and development departments that are dedicated to developing state of the art technologies, campaigns, and initiatives that may be directly related to this Submission. You further acknowledge and agree that BBU may have independently developed or otherwise learned of the business information, ideas, designs, formulations, processes, systems, know-how, packaging, promotions, technologies, campaigns, initiatives, works, logos, or suggestions that are identical or similar to those contained or suggested in this Submission. You acknowledge and agree that BBU and its suppliers, partners, or other affiliates are free to act on this independently developed or learned business information, ideas, designs, formulations, processes, systems, know-how, packaging, promotions, technologies, campaigns, initiatives, works, logos, or suggestions without owing You anything even if identical or similar to those contained in Your Submission.
- You acknowledge and agree that BBU may evaluate all or part of your Submission.
- You agree that BBU is not obligated to contact You regarding this Submission nor is BBU obligated to explain a decision to pursue or not to pursue this Submission.
- BBU will not return your Submission or any part of Your Submission.
YOU HAVE THE RIGHT TO MAKE YOUR SUBMISSION
- You agree that you are the author, creator, inventor, or maker of this Submission, and the sole owner of all right, title, and interest in and to the Submission.
- You agree that all business information, ideas, designs, formulations, processes, systems, know-how, packaging, promotions, technologies, campaigns, initiatives, works, logos, or suggestions contained in or suggested by this Submission are Yours and do not infringe any other party’s rights, including without limitation any patents, trade secrets, trademarks, or copyrights.
- You acknowledge and agree, and represent and warrant to BBU, that You have the exclusive, unconditional right and authority to make this Submission, and that You are not breaching any obligation owed to or rights owned by any other party, including without limitation contractual obligations, fiduciary duties, or intellectual property rights.
YOU WILL NOT BE COMPENSATED FOR YOUR SUBMISSION
- You acknowledge and agree that BBU will not pay You for this Submission or for information provided in connection with this Submission.
- You also understand and agree that BBU will not owe You anything unless both BBU and You enter into a valid, signed, written agreement.
YOU WAIVE ANY AND ALL RIGHT TO BRING A CLAIM AGAINST BBU
- You acknowledge and agree that You hereby waive any and all right to bring any claim against BBU, or any of its suppliers, partners, or other affiliates arising out of or in connection with (1) Your Submission, (2) information provided to BBU regarding Your Submission, and (3) BBU’s decision regarding Your Submission.
- You also agree that You will indemnify BBU, its suppliers, partners, and other affiliates from and against any and all claims, expenses, losses, or liabilities, including without limitation, attorneys’ fees and damages, that may arise out of or in connection with (1) Your Submission, (2) information provided to BBU regarding Your Submission, and (3) BBU’s decision regarding Your Submission.
3. Use of Site and Site Material
This Site is provided for Your personal and non-commercial use and You may not copy material from this Site for commercial use. You may copy material in limited quantities from this Site for Your personal non-commercial use, provided that any copyright notice shall not be removed from the copied material. BBU reserves the right to terminate at any time Your right to make personal copies of material from this Site.
You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or any material on the Site. You may not restrict or inhibit any other user from using and enjoying the Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Site are able to type, and hacking or defacing any portion of the Site. You may not take any action which imposes an unreasonable or disproportionately large load on BBU's infrastructure, including, but not limited to, "spam" or other such unsolicited mass emailing techniques. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your system. You agree not to solicit, for commercial purposes, any users of the Site.
You are prohibited from using this Site and Services to submit or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. BBU may from time to time monitor or review material transmitted or submitted using this Site and reserves the right to delete any material BBU deems inappropriate in its discretion. BBU is, however, under no obligation to monitor or review such material and assumes no responsibility or liability arising from such material.
You may not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy or other violation of proprietary rights of any other user of the Site or Services in any applicable jurisdiction. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.
4. ARBITRATION AGREEMENT
THE ARBITRATION WILL BE CONDUCTED BEFORE A SINGLE ARBITRATOR TO BE DESIGNATED THROUGH JAMS AND PURSUANT TO THE RULES OF JAMS THAT ARE IN EFFECT AT THE TIME THE ARBITRATION IS INITIATED. NEITHER YOU NOR BBU SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
5. Ownership of Intellectual Property
BBU owns the copyrights to all material and the trademarks, service marks, and trade dress (collectively referred to as "Intellectual Property") displayed on and from this Site, or has licensed the use of the Intellectual Property on the Site from third party owners thereof. Notwithstanding any other term or condition in this agreement, BBU and its licensors retain ownership to all Intellectual Property on this Site and all material on and from this Site. All rights not expressly granted herein to You are reserved by BBU and our licensors. Subject to the forgoing, BBU grants to You a limited licensed to use the Intellectual Property for the purpose of accessing and using this Site.
Anything downloaded or downloadable, including but not limited to, any software, files, images incorporated in or generated by the software, and any and all data or photographic images accompanying the software, is considered licensed to you by BBU. BBU retains full and complete title to the software and to all of the associated Intellectual Property. You are not allowed to redistribute, reverse-engineer, disassemble, convert or sell any of these materials.
This limited license is not assignable, sub-licensable, or otherwise transferable. Any other use of the Intellectual Property on this Site is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of BBU or its licensors.
6. Disclaimer of Warranty and Limitation of Liability
Your use of this Site, the Services and any information and material from this Site is at Your own risk.
BBU strives to provide accurate and up-to-date material on this Site. However, BBU makes no warranties or representations as to the accuracy or timeliness of the material provided on this Site. BBU assumes no liability or responsibility for any errors or omissions on this Site or for information and materials available at the Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BBU, ANY OF ITS AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR THE SERVICES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BBU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE, THE SERVICES, OR ANY INFORMATION OR MATERIAL PROVIDED ON THIS SITE OR THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, THIS SITE, THE SERVICES, AND THE INFORMATION AND MATERIAL PROVIDED ON THIS SITE AND THROUGH THE SERVICES ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
BBU assumes no liability or responsibility for any damage to You, Your computer, or Your property, due to Your access to, use of, or downloading of this Site or any information or material provided on this Site or through the Services.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless BBU, its officers, directors, employees, agents, licensors, suppliers and all those working in connection with them, from and against any and all losses, damages, expenses, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to Your use of the Site and/or the Services, including, but not limited to, negligent or wrongful conduct, whether by You or any other person accessing the Site on Your behalf.
BBU does not endorse any third party websites not under the control or operation of BBU, has not reviewed any or all such websites that may be linked to this Site and is not responsible for any such websites linked to this Site or any content thereof or services provided through such websites. Your use of the links to any third party websites on this Site is at Your own risk. By linking to a third party website or permitting a link from a third party website to this Site, BBU does not endorse the site operator or the content of the linked third party website.
9. United States Only
BBU controls and operates this Site from its headquarters in Pennsylvania, in the United States of America. Unless otherwise specified, this Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States. BBU in no way warrants or implies that the materials on the Site are appropriate for use outside of the United States. If You use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. Software and other materials from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. BBU prohibits Your downloading or exporting of software or other material from this Site in violation of U.S. Export Laws and the laws of Your resident country. By downloading software or other material from this Site, You represent and warrant that You are able to do so in full compliance with the laws of the United States and Your resident country.
10. Applicable Law
Your access may be terminated at any time and for any reason or for no reason by BBU. You shall have no recourse and BBU shall have no liability with respect to any such termination. All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, grant of rights to Submission, limitation of liability and indemnification obligations shall survive the termination or expiration of Your access or use of the Site or Services. Upon termination, You must destroy all materials obtained from the Site, along with related materials.
BBU may modify these Terms and Conditions at any time. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the Services constitutes Your assent to such amended terms and Your agreement to be bound thereby. BBU may, but is under no obligation to, provide You notice of such modifications to these Terms and Conditions via email or other communication. If any of these provisions are found to be unlawful, void or unenforceable, the remaining terms and conditions will remain in full force and effect.
Any questions regarding these Terms and Conditions should be directed to the BBU Webmaster: WMaster@grupobimbo.com.