Effective: April 7, 2022
This website is provided by Post Holdings, Inc. (“Post”) or one or more of Post’s affiliates. Post and its affiliates may be referred to collectively as “we” or “us.”
We have designed our website to be useful, informative and fun, and we hope you will let us know how we can make it even better. All we ask in return is that you abide by the terms and conditions that follow. Please read them carefully because by using our website you agree to them.
Thanks for visiting!
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES.
Unless otherwise specified, the material on our Site is intended to provide information about Post and its products, and you may use the Site to obtain such information. You may download and print copies of the materials on the Site for such purposes, and to share such information with others, provided you do not’ delete or change any copyright, trademark or other proprietary notices.
We (or our licensors) retain full and complete title to the Site and all materials on the Site.
IF YOU SUBMIT MATERIAL TO US…
(1) All remarks, suggestions, ideas, graphics or other information that you communicate to Post through this website becomes and remains our property. This means that…
- We do not have to treat any such submission as confidential.
- You cannot sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
- We will have exclusive ownership of all present and future rights to all submissions.
- If we use them, or anything like them, for any purpose, we do not have to pay you.
(2) You acknowledge that you (and not Post) have full responsibility for any submission you make, including the message, its legality, reliability, appropriateness, originality and copyright.
- In any way that violates applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate any other person or entity, including but not limited to, Post, a Post employee, or another user (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Post or other users of the Site, or expose them to any liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site.
- Use any robot, spider, or other automatic devise, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any devise, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, ransomware or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS POST AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
INFORMATION ABOUT HEALTH & WELLNESS
Information accessible on this Site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
INTELLECTUAL PROPERTY POLICY
The brand names, characters, slogans, and other trademarks; package designs; and promotions displayed on this Site are owned exclusively by Post and its affiliates (or their licensors) and may not be used in connection with any product or service in any manner that is likely to cause confusion or in any manner that disparages or discredits Post or its affiliates. You do not have any right to use any intellectual property displayed on this Site without prior written permission of Post or its affiliates.
DISCLAIMER OF WARRANTIES
The Site and materials on our Site are provided AS IS and AS AVAILABLE. Your use of this Site is at your own risk. This means that (subject to the exception below) we disclaim all express and implied warranties about the Site and the materials on the Site, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We make no warranties that:
- The materials on the Site are up to date or complete;
- The Site will be uninterrupted or error-free; or
- Our Site or the servers that make them available are free of viruses or other harmful components.
- In certain states, the law may not allow us to disclaim or exclude warranties, so the above disclaimer may not apply to you.
Please see our current nutrition labels for the most current information regarding our products.
THIRD PARTY WEBSITES
Post controls and oversees its Site from the company’s offices in the State of Missouri, the United States of America. The materials on the Site may not be appropriate or available for use outside of the United States. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
- Arbitration shall take place in the City of St. Louis, Missouri, and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
- The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
- The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the Eastern District of Missouri.
- If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then effective Commercial Arbitration Rules of the American Arbitration Association.
- With respect to any award in arbitration, the arbitrator:
- shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator;
- shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration.
- Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
CLASS ACTION WAIVER / VENUE
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
We are entitled to terminate or modify all or a portion of the Site at any time, without notice to you.
- By telephone: 844.931.2041
- By email: [email protected]
- By mail: 2600 S. Hanley Rd., St. Louis, MO 63144