Welcome to the New England Ice Cream Corporation (“NEICC”) Site (the “Site”). These
“us” and “our” refer to the New England Ice Cream Corporation.
PRIVACY STATEMENT. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
1. Non-Commercial Use
This Site and its contents are for your own internal commercial or non-commercial use only.
which you can examine any time by clicking on the “Privacy” link on the Site. Personal
information that you supply to NEICC through this Site, and any information about your
3. Proper Use of this Site
You may use NEICC for lawful purposes only and may use the Site only in ways consistent with the law.
4. Proprietary Rights; Restrictions
NEICC and its suppliers reserve all rights under intellectual property law in all graphics,
text, and other content that is on the Site.
Except as NEICC may expressly state in writing, you may not reproduce, reprint, publish,
distribute, or otherwise exploit content or technology from NEICC or its suppliers on the
Site without our express prior written consent. You may not use any program, spider or
“bot” to gather or “harvest” information from this Site.
We may discontinue or change any Site content, service, function or feature at any time
with or without notice.
of the new terms. You are responsible for checking these terms periodically for any changes.
6. Age of Users
Children under the age of 13 may not use this Service and parents or legal guardians may
7. Third Party Sites
NEICC may include on this Site links to third party websites. You agree that we are
not responsible or liable for any content or other materials on third party sites. You also
agree that we are not responsible for content or claims of any third party content (such
as an advertisement) on the Site. We are also not responsible for any transactions or
dealings between you and any third party.
8. Disclaimer of Warranties
We provide this Site and its contents “AS IS.” We and our suppliers make no express
warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE
AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY
WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, ACCURATE,
TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET
YOUR REQUIREMENTS, ERROR-FREE, OR WILL OPERATE WITHOUT
INTERRUPTION. Because some states do not permit disclaimer of implied warranties,
you may have additional consumer rights under your local laws.
9. Limitation of Liability
We and our suppliers shall not be liable for any indirect, special, incidental, consequential
or exemplary damages, even if we knew or should have known of the possibility of
such damages. You may not assert claims for money damages arising from this Site
or its contents. Because some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability, and the liability of NEICC and its suppliers, shall be limited to
the extent permitted by law.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated
companies, and our respective employees, contractors, officers, directors, and agents
from all liabilities, claims, and expenses, including attorney’s fees, that arise from your
use or misuse of this Site. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with us in asserting any available defenses.
11. Electronic Communications
You agree that we may provide to you notices and other information concerning NEICC
or this Site electronically, including notice to any email address that you may provide.
12. International Use
We make no representation that content on this Site is appropriate or available for use
in locations outside the United States. If you choose to access this Site from a location
outside the United States, you do so on your own initiative and you are responsible for
compliance with local laws.
13. Choice Of Law and Jurisdiction for Resolving Disputes
You agree that the laws of the Commonwealth of Massachusetts USA and US federal law
or dispute that you may have against us, without regard to its conflict of laws rules, and
that the United Nations Convention on Contracts for the International Sale of Goods shall
have no applicability. You and NEICC both submit to the exclusive jurisdiction of the
state and federal courts located in Boston, Massachusetts, USA for the adjudication of
14. Severability and Integration
on this Site constitute the entire agreement between you and us and supersede all
unenforceable, that portion shall be construed in a manner consistent with applicable law
to reflect, as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
any rules or guidelines posted on the Site or for any other reason in our discretion.
16. Claims of Copyright Infringement
If you are a copyright owner (or an agent of the owner) and in good faith believe that
material on this Site infringes your rights under copyright law, you may notify us by
utilizing the following procedure.
Send your notice of infringement to our designated agent for receiving such notices:
New England Ice Cream Corporation
555 Consitution Drive
Taunton, MA 02780
Attention: Dale Falardeau
Phone Number of Designated Agent: (774) 961-2024
Facsimile Number of Designated Agent: (774) 961-2099
Email Address of Designated Agent: firstname.lastname@example.org
To be effective, a notification of claimed infringement must be a written communication
provided to the agent designated above that includes substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject
of an infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and if available, an electronic
mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its agent,
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Copyright © 2013 New England Ice Cream Corporation. All Rights Reserved.