MARIE CALLENDER’S® PIE SHOPS, LLC TERMS OF USE The following Terms of Use (the “Terms of Use”), govern your use of this web site (this “Site”) operated by Marie Callender® Pie Shops, LLC (“Marie Callender’s® “) and the material and information accessible on or from this Site. Please read the Terms of Use carefully before accessing any part of this Site. Your access of this Site constitutes your agreement with and acknowledgement of the Terms of Use. If you do not agree with the Terms of Use, you may not access this Site. Marie Callender’s® reserves the right to modify the Terms of Use without advance notice to you; however, you can review the current version of the Terms of Use by clicking on the “Terms of Use” link at the bottom of every page of this Site. You acknowledge and agree to be bound by such modifications. In the event we make a material change to the Terms of Use, we will post a notice of the material change at the top of the Terms of Use. NO REPRESENTATIONS OR WARRANTIES. Marie Callender’s® does not warrant or make any representations of any kind with respect to the material and information contained on this Site. Your use of this Site is at your own risk. Although Marie Callender’s® attempts to provide accurate material and information, this Site is intended to be for general reference and informational purposes only. Although Marie Callender’s®® strives to keep this Site up-to-date, it may contain inaccurate, incomplete, or out-of-date material or information. Marie Callender’s® assumes no responsibility for errors or omissions in the content of this Site, and makes no commitment to update such material or information. Your sole and exclusive remedy for issues relating to the use of, or the material or information on, this Site shall be to discontinue accessing this Site or using the material or information contained herein. You acknowledge and agree that Marie Callender’s® shall not be liable for any damages related to, arising out of, or in connection with this Site or such material or information contained herein. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE Marie Callender’s®, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST), EVEN IF Marie Callender’s® IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY), YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY MATERIAL OR INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. REQUIRED CONDUCT. Marie Callender’s® requires that you agree to follow the following basic rules of conduct when using this Site: You will follow the Terms of Use and all applicable local, state, national, or international law; You will only provide truthful and accurate information; You will not harass, threaten, or abuse other people when using this Site in any manner; You will not harm minors in any way; You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and You will not e-mail, transmit, or otherwise transfer any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; or is defamatory, libelous, or invades another person’s privacy or proprietary rights. You acknowledge that Marie Callender’s® and its designees shall have the right (but not the obligation) to pre-screen any material or information e-mailed, transmitted, or otherwise transferred via this Site. Marie Callender’s® and its designees shall have the right to refrain from e-mailing, transmitting, or otherwise transferring any material or information that violates the Terms of Use or is otherwise objectionable. INDEMNITY. YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY, SAVE HARMLESS AND DEFEND MARIE CALLENDER’S®, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES) THAT MARIE CALLENDER’S® MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF THIS SITE OR ACCESS TO THIS SITE, OR YOUR VIOLATION OF THE TERMS OF USE OR THE RIGHTS OF ANY THIRD PARTY. PRIVACY POLICY STATEMENTS. Any information that Marie Callender’s® may collect from you during your use of this Site is subject to our Privacy Policy. For the full text of our Privacy Policy, please click here. FORWARD-LOOKING STATEMENTS. Certain statements and information on this Site and in Marie Callender’s® press releases and reports are “forward-looking statements.” Such statements involve material risks and uncertainties and are subject to change based on factors beyond the control of Marie Callender’s® (certain of such statements are identified by use of words such as “anticipate,” “estimate,” “intend,” “expect,” “future,” etc.). Accordingly, Marie Callender’s® actual results may differ materially from those expressed or implied in any such forward-looking statements as a result of various factors, including, without limitation, the benefits of proactive measures being taken to improve results and control costs, the ability to open new points of distribution, changes in general or local economic conditions, the availability of sufficient personnel, Marie Callender’s® ability to attract and retain clients in franchisees/licensees, and other factors described herein or in such press releases or reports. Marie Callender’s® does not undertake to publicly update or revise its forward-looking statements even if experience or future changes make it clear that any projected results expressed or implied therein will not be realized. NO MEDICAL, TAX, INVESTMENT, OR LEGAL ADVICE. The material and information on this Site is for general reference and informational purposes only and is not intended to offer specific medical, tax, investment, legal, or other advice of any kind. NO RESALE OF THIS SITE. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of this Site, use of this Site, or access to this Site. LINKS TO OTHER SITES. Marie Callender’s® may provide links from or to other web sites maintained by third parties. Marie Callender’s® has not reviewed or endorsed these linked web sites, and you hereby acknowledge and agree that Marie Callender’s® shall not be responsible for the content, products, or services offered on such web sites. To the extent applicable, you are responsible for compliance with all local laws regarding material obtained from this Site or any linked web sites. INTELLECTUAL PROPERTY. The information on this Site, including, without limitation, all design, text, images, photographs, press releases and other information, are protected under United States and other copyright laws and are owned by Marie Callender’s® or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner without Marie Callender’s® prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. Marie Callender’s® trademarks, logos, images and service marks used on this Site are the property of Marie Callender’s® and may not be used without the prior written consent of Marie Callender’s® and without proper acknowledgment. All other trademarks or logos are the property of their respective owners. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION STATEMENT. Marie Callender’s® does not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, veteran, or status with regard to public assistance, and Marie Callender’s® makes employment decisions in accordance with federal, state and local laws. MODIFICATION OF SITE. Marie Callender’s® reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice to you. You acknowledge and agree that Marie Callender’s® shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site. GOVERNING LAW. The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any use of, or material or information on, this Site. SEVERABILITY. If any term or provision of the Terms of Use is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term or provision will be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions. CONTACT US. If you have any questions about the Terms of Use or this Site, please e-mail us at webmaster@mcpies.com., or write to us (and include your e-mail address) at Marie Callender’s®, 27101 Puerta Real, Suite 260, Mission Viejo, CA 92691 Attention: MIS Director © 2021 Marie Callender’s®, Inc. The trademark Marie Callender’s® is licensed by Marie Callender’s®, Inc. 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