IMPORTANT: READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, BEFORE USING THE WELLBREAD WEB SITE (“WEB SITE”).  YOUR USE OF THE WEB SITE WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS.  If this Agreement and the Privacy Policy are not acceptable to you, do not use this Web site.  Sportservice Corporation reserves the right to modify or discontinue this Web site and these terms of use with or without notice to users.

1. Limitations on Use: This Web site is owned and operated by Sportservice Corporation (“Sportservice”) and is for the user’s personal, noncommercial use.  You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services (“Materials”) obtained from this Web site, except that user may view the Web site content in its present form and user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices.  The use of any Materials on any other Web site or networked computer environment is expressly prohibited.  User recognizes that unauthorized use of Web site content may subject user to civil or criminal liability.

2. The Materials and this Web site are the property of Sportservice or others and are protected by United States copyright law and international copyright treaties.  You agree to comply with reasonable requests by Sportservice to protect Sportservice’s contractual, statutory and common law rights in the Materials.  Notwithstanding copyright protection of individual elements appearing on this Web site, this Web site is protected by copyright law as a collective work and/or compilation.  You agree to abide by any and all copyright notices, information, or restrictions contained on this Web site.  Permission to use the copyrighted content on this Web site for commercial purposes must be obtained through the prior written consent of Sportservice.  Sportservice may withhold its consent for use of the copyrighted content for commercial purposes.  Sportservice will strictly enforce its intellectual property rights under the copyright laws.

3. This Web site is protected under United States trademark law.  The trademarks, tradenames, logos, service marks, product names, and company names (the “Trademarks”) appearing on this Web site are registered and unregistered Trademarks of Sportservice.  All other trademarks, logos, service marks, product names, and company names on this Web site are the property of their respective owners.  Under no circumstances should anything appearing on this Web site be construed as granting by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on this Web site.  Licenses to use Trademarks appearing on this Web site may be obtained through Sportservice’s prior written consent.  Sportservice may withhold its consent.  Misuse of Trademarks or any Materials comprising this Web site is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on this Web site.  Any copied or downloaded content must retain all trademark and service mark notices.  Sportservice will strictly enforce its intellectual property rights under the trademark laws.

4. The Materials published on this Web site may include inaccuracies or typographical errors.  Sportservice does not warrant or make any representations regarding the use or the results of the use of the Materials in this Web site in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.

5. Sportserivce makes no representations about the suitability of the materials contained on this Web site for any purpose.  THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” BASIS.  THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY FOR TITLE, NO WARRANTY FOR NON-INFRINGEMENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS. SPORTSERVICE MAKES NO WARRANTY OR GUARANTY THAT THE MATERIALS OR FUNCTIONS CONTAINED IN ITS WEB SITE MATERIALS ARE ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. SPORTSERVICE MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM USAGE OF THE MATERIALS OR ANY PORTION OF THIS WEB SITE, OR THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE MATERIALS OR ANY PORTION OF THIS WEB SITE. SPORTSERVICE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.

6. IN NO EVENT WILL SPORTSERVICE BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE, OR UNAVAILABILITY OF THE WEB SITE), OR FROM THE MATERIALS OBTAINED THROUGH THIS WEB SITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF SPORTSERVICE HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES.  SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

7. You agree to indemnify and hold Sportservice, its officers, directors, employees, and agents, harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees incurred by Sportservice in connection with your violation of third party’s rights) arising from your violation of these terms of service or any third parties rights.

8. This Web site may contain links to third-party Web sites.  The links are provided solely as a convenience to you and not as an endorsement by Sportservice of the content on such third-party Web sites.  Sportservice does not control or guaranty the accuracy or integrity of the content located on linked third-party Web sites.  Sportservice is not responsible and assumes no liability for the information, content, or software of linked third-party Web sites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party Web sites.  If you decide to access third-party Web sites, you do so at your own risk.

9. You acknowledge that, in providing the Materials on this Web site, Sportservice has relied upon your agreement to be bound by this Agreement, and the Privacy Policy.   If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.  No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than expressly set forth herein. This Agreement and performance hereunder shall be governed by the laws of the State of New York without regard to conflict of laws provisions, and applied to agreements entered into and completely performed in the State of the State of New York.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or Privacy Policy shall be an appropriate State or Federal Court located in the State of New York, County of Erie.  You agree to submit to jurisdiction and venue in any State or Federal Court located in the State of New York, County of Erie.  This Agreement and Privacy Policy constitute the entire Agreement between you and Sportservice with respect to use of the Web site.

10. This Agreement is only assignable by Sportservice. 

WELLBREAD WEB SITE PRIVACY STATEMENT

Sportservice Corporation (“Sportservice”) values the privacy of its users.  Please read this Privacy Statement concerning the collection, use, modification, and protection of your personally identifiable information (including full name, mailing address, E-mail address, telephone number, and other identifiable information).  Your use of this Web site, www.wellbread.com, will indicate your acceptance of all of the following terms.  If this Privacy Statement is not acceptable to you, do not use this Web site.  Sportservice reserves the right to change, modify, add or remove portions of this Privacy Statement at its sole discretion and at any time.  Your continued use of the Web site will signify your acceptance of any changes to the Privacy Statement.  
 

1. Sportservice collects information collected from users (for example, full name, mailing address, E-mail address, telephone and facsimile numbers, age, credit card numbers). 
   
   
2.  Sportservice also collects information about your computer and hardware, including, but not limited to, your IP address, browser type, domain names, access times and identity of referring Internet Web sites.
   
   
3. Sportservice collects and uses the specified personally identifiable information in order to operate and provide services on www.wellbread.com.
   
   
4. Sportservice may use your personal information to create a convenient and easy-to-use on-line ordering process that includes an online “shopping” cart that allows you to track selected products and proceed through purchase.  Sportservice may share transactional information with entities as is necessary to process credit card payment or other purchasing or delivery systems.
   
   
5. Sportservice, its affiliates and subsidiaries, may use your personally identifiable information for its membership/subscriber database, for internal marketing and promotional purposes, or to inform you of products and services available from Sportservice. 
   
   
6. Sportservice may disclose personal information:  (a) to conform with the law, respond to claims or comply with legal process served on Sportservice (e.g., a lawful subpoena, warrant or court order); (b) to enforce or apply its policies or agreements (including to initiate, render, bill, and collect for amounts owed to Sportservice); (c) to protect and defend its or its user’s rights or property, the Web site, its employees, users or the public, including fraudulent, abusive, or unlawful use of the Web site; or (d) if Sportservice reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
   
   
7. Sportservice will not disclose your personally identifiable information to any third party without first obtaining your permission.
   
   
8. The Well Bread website contains links to other Web sites.   Sportservice is not responsible for the privacy practices or content of such Web sites.  You are advised to consult each Web site’s privacy policy.  Links to other Web sites should not be construed as sponsorship, endorsement, or approval by Sportservice of other Web sites. 
   
   
9. If you do not want Sportservice to use any of the personally identifiable information in the manner set forth in this Privacy Policy, you should contact your suite administrator.
   
   
10. If and when we ask for credit card data, it is transferred over a Secured Sockets Layer (SSL) line provided you are using a SSL enabled browser such as Microsoft Internet Explorer or Netscape Navigator.  This ensures that your information is encrypted as it travels through the Internet.  This secure mode is enabled before any such information is transmitted from your computer.  You will know that you are in “secure mode” when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position.  In addition, when accessing a secure server, the first characters of the site address will change from “http” to “https”.
    
    
11. We will only collect personally identifiable information from you to the extent necessary to operate this Web site.  Sportservice will maintain the appropriate safeguards to protect your personally identifiable information from authorized third-party use.
    
    
12. We employ “cookies” on this Web site which allows us to track user activity.   A cookie is a portion of data that is transferred to your Web browser by a Web server and can only be read by the server which transferred the cookie.  A cookie records passwords, purchases, and preference information.  Utilization of cookies through your web browser is required to allow the shopping cart functionality to work.   You may also receive cookies from third parties while using our Web site.  Sportservice is unable to control the content or functioning of these cookies. You have the option to accept or reject cookies. Consult your browser owner’s manual for instructions on refusing cookies.
    
    
13. Information collected through the Web site is considered a trade secret of Sportservice.  As the owner of such information, Sportservice may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of the company or a portion of its assets.
    
    
14. www.wellbread.com allows you to update and revise your personal information at any time.   To modify your personally identifiable information, you may contact your suite administrator.
    
    
15. If you should have a privacy-related complaint, contact your suite administrator.
    
    
16. If you do not want to receive any promotional electronic mail from us, contacting your suite administrator requesting that your name be removed from our mailing list.  Notwithstanding any preferences that you select, we may contact you from time to time to provide service that you have requested or for customer service matters, such as responding to service-related inquiries, updating our policies, or notifying you of changes to existing service.
    
    
17. All communications concerning this Privacy Statement should be sent to your suite administrator.

Effective Date:  February 15, 2006