Terms and Conditions

EFFECTIVE DATE: MAY 1, 2011

Welcome to the web site of Miller Baking Company (hereinafter, "Miller Baking Co."), www.pretzilla.com (the "Site"). Set forth below are certain terms and conditions for use of this Site. You agree to be bound by these terms if you use this Site. If you do not agree with these Terms & Conditions or the Privacy Policy

Our Business Structure

Pretzilla is wholly-owned by Miller Baking Co. Miller Baking Co. uses service providers and works with other third parties ("Suppliers") to provide hosting of and otherwise facilitate this Site, to provide other services in support of this Site, to create this Site and its content, and in support of Products available through this Site.

Our Intellectual Property

Pretzilla, Miller Baking Co. and other marks and logos are the intellectual property of Miller Baking Co.

This Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, collectively, the "intellectual property") are protected by copyright, trademark and other laws of the United States. The intellectual property is owned or controlled by Miller Baking Co. or the party credited as the provider of the intellectual property. Additionally, this Site itself is protected by copyright as a collective work and/or compilation.

Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Miller Baking Co., it Supplier(s), or any third party.

No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted in writing by Miller Baking Co. You may not save or archive a significant portion of the material appearing on this Site. You may not attempt to alter or modify the content posted on this Site. You may not copy, download, display, distribute, publish, display, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any intellectual property on this Site, any software supporting this Site, or this Site itself. Content not owned by Miller Baking Co. may not be used without permission.

Proper Use of This Site

This Site is made available to provide information about and purchasing of Pretzilla products ("Products"). You may not use this Site for any purpose that is unlawful or prohibited by these Terms & Conditions, or cause damage on or through this Site. You promise that none of your communications with or through this Site will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through this Site, including without limitation any usernames or passwords you establish, will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify and hold Miller Baking Co., its affiliates, agents, licensors, business associates, and Supplier(s) and each of their respective employees, officers, directors, employees and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your use of the Site.

Product Availability and Nutritional Information

Miller Baking Co. may discontinue or change products or nutritional information described and/or displayed on this Site from time to time without prior notice. Miller Baking Co. may discontinue, or change from time to time, any Product without prior notice. If we are unable to bake and ship your Product within the time estimated by a Miller Baking Co. employee, it will be baked and shipped within 7 days following such missed shipped date, but longer delays may occur. We will notify you via e-mail and arrange for either: (i) an alternate ship date, as described above, or (ii) a refund.

Disclaimer of Warranty and Limitation of Liability

Miller Baking Co. does not guarantee the accuracy of information found on this Site. Your reliance on information found on this Site is at your own risk.

THIS SITE, AND ALL ITS CONTENTS, ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MILLER BAKING CO., ITS SUBSIDIARIES AND ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND INSUREDS (COLLECTIVELY, "MILLER BAKING CO. PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES OR DATA ACCURACY.

THE MILLER BAKING CO. PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS & CONDITIONS TO THE CONTRARY, THE TOTAL LIABILITY OF MILLER BAKING CO. ARISING OUT OF OR RELATED TO ANY PRODUCT OR THESE TERMS & CONDITIONS, WHETHER DUE TO BREACH OF CONTRACT, NEGLIGENCE, TORT, BREACH OF WARRANTY OR ANY OTHER CLAIM AT LAW OR EQUITY, EXCEPT FOR CLAIMS OF PERSONAL INJURY, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WILL NOT EXCEED THE AMOUNT PAID BY YOU (EXCLUDING ANY SHIPPING COSTS) OR $100, WHICHEVER IS LESS. IN NO EVENT WILL MILLER BAKING CO. BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST SALES OR PROFITS.

You agree to bring any and all claims within thirty (30) days (or any shorter period of time identified in any applicable statute of limitation) from the date of the shipment of Product. Failure to so notify Miller Baking Co. shall constitute irrevocable acceptance of the Product and waiver of any such claims.

Miller Baking Co. is not responsible if delivery of Products fails due to incorrect address provided at time of order. Tracking records provided by the carrier will be considered proof of delivery. Customer is responsible to report any obvious damage on the packaging at the time of delivery to the carrier and to inform Miller Baking Co. Failure to do so will cancel any right to replacement product.

Links to Other Sites

This Site may provide links to co-branded, third party Supplier sites in addition to other web sites not operated by Miller Baking Co. For example, visiting the online "cart" to purchase Products may be hosted by a third-party provider. Access to any other sites linked to this Site is at your own risk. Such links do not imply, nor should you infer, Miller Baking Co.'s association, sponsorship, affiliation or endorsement of material on any other site, and Miller Baking Co. assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites.

Information

With respect to privacy, we do not knowingly collect any personally identifiable information. This Site is directed to adults at least eighteen years old. When a user discloses personal information on this Site, the user is representing to us that he or she is the appropriate age for the portion of this Site, or if he or she is under the referenced age, that he or she is using this Site with the involvement of a parent or guardian. Sites of our Suppliers, or other sites linked hereto, may contain other privacy and use terms and conditions, and you are encouraged to review those terms prior to engaging in any activity on those sites.

Governing Law and Venue

These Terms & Conditions and any disputes arising under or related to these Terms & Conditions and/or the Privacy Policy, any Program Terms, or this Site will be governed by the laws of the State of Wisconsin, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in Milwaukee County, Wisconsin, United States, where we have our headquarters.

No delay or failure by Miller Baking Co. to enforce any of these Terms & Conditions shall constitute a waiver of any of our rights under these Terms & Conditions. Neither the receipt of any funds by Miller Baking Co. nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms & Conditions. Only a specific, written waiver signed by an authorized representative of Miller Baking Co. shall have any legal effect.

License

By accessing the Site, Miller Baking Co. grants to you a limited license to use the Site to view, bookmark, download and print, for your non-commercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use in these Terms and Conditions or on the Site. These Terms and Conditions cannot be waived or modified by any oral communication between you and Miller Baking Co. Your use of any materials or software from the Site is terminable by Miller Baking Co. at any time.

Termination, Removal of Materials, and Monitoring

These Terms and Conditions are effective until terminated. Miller Baking Co. may terminate, restrict, or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, in its sole discretion, without prior notice to you and without any liability to you. Miller Baking Co. also reserves the right to take any action relating to content that you submit that it deems necessary or appropriate if such information, as determined in Miller Baking Co.'s sole discretion, may create liability for Miller Baking Co., its affiliates, agents, customers, Suppliers or its other contractors or may affect Miller Baking Co's business relationships or contracts. Miller Baking Co. further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms and Conditions - though Miller Baking Co. shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to posting. You agree that Miller Baking Co. has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use. You release Miller Baking Co. from liability related to its monitoring activities.

Updating Terms

Miller Baking Co. reserves the right to change, delete, and update portions of these Terms and Conditions or other policies that govern use of the Site at our discretion. You should review these Terms periodically for changes. Any amendments and/or modifications by Miller Baking Co. will be prospective only, and unless otherwise provided in this Agreement, will be effective upon posting to the Site. The Terms and Conditions when updated can be accessed from the link at the bottom of the Site page. If you use the Site after we post changes to the Terms and Conditions, you agree to be bound by the updated Terms and Conditions.

Copyright Agent for Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, Miller Baking Co. designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Miller Baking Co.'s designated agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Site;

your address, telephone number, and e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Miller Baking Co.'s designated agent for notification may be contacted at:

By Mail: 1415 N 5th Street, Milwaukee, WI 53212

By Phone: (414) 347-2300

By Fax: (414) 347-2343

By E-mail: info@pretzilla.com