Terms of Service

Website Terms of Use for WWW.CREATEWITHPEBBLES.COM

Welcome

Effective Date: November 1, 2021

This website is provided by Post Consumer Brands, LLC (“Post”).  It may also be provided by one or more of its affiliates, such as Post Foods, LLC or MOM Brands Company, LLC.  Post and its affiliates may be referred to collectively as “we” or “us”. These Terms of Use apply to this website only and do not apply to any other business activity of Post or its affiliates.  

We’ve designed our website to be useful, informative and fun, and we hope you’ll 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 before using our website. If you do not agree to these terms, please do not use this site.

Thanks for visiting!

Acceptance of the Terms of Use

The following terms and conditions, together with any documents that expressly incorporate them by reference (collectively, these “Terms of Use”), together with our Privacy Policy (https://www.pebblescereal.com/privacy-policy/), govern your access to and use of www.pebblescereal.com, including any content, functionality, and services offered on or through www.pebblescereal.com (the “Website”). These Terms of Use are entered into by and between you and Post.

By using the Website, by clicking to accept or agree to the Terms of Use when this option is made available to you, or by entering into any documents that expressly incorporate the Terms of Use by reference, you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you should not access or use the Website. 

IF YOU ARE A PARENT OR GUARDIAN AND YOU CONSENT TO YOUR CHILD’S USE OF THIS WEBSITE, BY PROVIDING SUCH CONSENT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THIS WEBSITE.

If you reside in a jurisdiction which restricts the use of online websites or applications according to age, or which restricts the ability to enter into agreements such as these Terms of Use according to age, and you fall within such age limit, you may not enter into these Terms of Use or use this Website. By using this Website you are explicitly agreeing that your use of this Website and entering into these Terms of Use are allowed in your jurisdiction.

If you are a parent or guardian, you may, where authorized or permitted by law, permit your children to use this Website, provided that you supervise such use. You are responsible for ensuring that you and your child are aware of, understand, and comply with these Terms of Use. You shall at all times be responsible and liable for all activities conducted through this Website, including, without limitation, all activities which may be conducted by your child.

Our Website

Unless otherwise specified, the material on the Website is intended to provide information about Post, its affiliates, and their products, and you may use the Website to obtain such information.  You may download and print copies of the materials on the Website for such purposes, and to share such information with others, provided you don’t delete or change any copyright, trademark or other proprietary notices.

We (or our licensors) retain full and complete title to the Website and all materials on the Website.

The Website may contain certain interactive features that allow users to submit, post, publish, display, or transmit to other users or other persons (hereinafter, “submit”) content or materials (collectively, “User Contributions”) on or through the Website.

If You Submit User Contributions to Us…

(1) All remarks, suggestions, ideas, graphics or other information in User Contributions that you communicate to Post and its affiliates through this Website become and remain our property. This means that…

• We don’t have to treat any such submission as confidential.
• You can’t 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 (except for certain copyright rights, which are addressed below).
• If we use them, or anything like them, for any purpose, we don’t have to pay you.

(2) You acknowledge that you (and not Post or its affiliates) have full responsibility for any User Contributions you make, including the message, its legality, reliability, appropriateness, originality and copyright.

(3) By submitting User Contributions to us, you are giving us a royalty-free, irrevocable, non-exclusive license to use, reproduce, publish, distribute, perform, display, license, and create derivative works from any such User Contribution, and represent and warrant that you have the right to grant such license to us.

(4) You agree to comply with the content standards included in this Terms of Use or otherwise communicated to you at or prior to submitting a User Contribution to us. 

Children under 13 may not be permitted to use certain features of this Website until certain steps are taken by their parent or guardian. For example, consent from a parent or guardian or submission by a parent or guardian may be required for User Contributions created by a child under the age of 13. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

This Website may allow other users to post text, images, audio, video, or links to other content that is not affiliated with Post or its affiliates. Post and its affiliates do not endorse these individuals or the materials they may have submitted. Post and its affiliates are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

These content standards apply to any and all User Contributions and use of use of the Website relating to User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any 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 Post, a Post employee, another user, or any other person or entity (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 Website, or which, as determined by us, may harm the Post or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

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 posted 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 Website. 
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

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 posting 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 Website 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 Website.

Intellectual property policy

The brand names, characters, slogans, and other trademarks; package designs; and promotions displayed on this Website 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 Website without prior written permission of Post or its affiliates.

All content on this Website, including the collection, arrangement, assembly and presentation of pages and all logos, text, images and feeds are the property of Post or its affiliates and are protected by United States copyright laws and international copyright laws and treaty provisions. Except as provided in these terms and conditions, none of the material provided on this Website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of Post or its affiliates.

Policy, notices and procedures regarding claims of copyright infringement

We respect the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify our agent as provided in this section under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2).  See 17 U.S.C. 512(c)(3) for further details.  Pursuant to the DMCA, we designate Copyright Agent as our agent designated to receive notification of claimed copyright infringement (“Designated Agent”). The address of the Designated Agent is 20802 Kensington Blvd., Lakeville, MN 55044. The telephone number of the Designated Agent is 877-345-7678. The email address of the Designated Agent is consumer.affairs@postholdings.com.

We may terminate your right to use and access the Website if we believe that you are infringing the intellectual property rights of others or are aiding or threatening such infringement.

Limitations on these terms and conditions

Any limitations of these terms and conditions are applied only as broad and inclusive as is permitted by law in the state of New Jersey, or any other state that restricts disclaimers, limitations of liability and/or remedies, and similar provisions.

Disclaimer

The Website and materials on our Website are provided AS IS and AS AVAILABLE.  Your use of this Website is at your own risk. This means that (subject to the exception below) we disclaim all express and implied warranties about the Website and the materials on the Website 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 Website are up to date or complete;
• The Website will be uninterrupted or error-free; or
• Our Website or the servers that make it available are free of viruses or other harmful components.

Exception: 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 packaging for the most current nutrition and ingredient information regarding our products.

Third party websites

This Website sometimes provides links to other websites operated by third parties. We don’t endorse or approve any products or information offered at websites you reach through our Website. Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still viewing a website operated by Post or if you have moved to another website.  Your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website.

Jurisdiction

Post controls and oversees its Website from the company’s offices in the United States of America. The materials on the Website may not be appropriate or available for use outside of the United States. If you use our Website from locations outside of the United States, you are responsible for compliance with any applicable local laws.

Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

These Terms of Use and all matters arising out of or in connection with the Website and/or terms and conditions shall be governed by and interpreted according to the laws of the State of Missouri (without applying the state’s conflict-of-law principles).

Any dispute arising out of or connected with this Website and/or these Terms of Use not resolved amicably between you and Post shall be resolved exclusively by binding arbitration as follows.  You agree to give up your right to go to court to sue or seek relief from us.

• 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”).
• If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the terms and conditions breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
• 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:
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• 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.

You agree that you will resolve any disputes or claim with Post on an individual basis, and that any claims arising out of or in connection with the Website and/or these Terms of Use will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.  You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with the Website and/or these Terms of Use.

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.

Indemnification

You agree to defend, indemnify, and hold harmless Post, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Modifications to the Website and the Terms of Use

We are entitled to terminate or modify all or part of any of the Website or these Terms of Use at any time, without notice to you.  All changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website thereafter. We encourage you to check the Website regularly to ensure you are aware of the current terms.

We may modify these Terms of Use at any time by updating this posting.  If we do so, we’ll also update the effective date at the top of this page.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Miscellaneous points

If any provision of these Terms of Use is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of these Terms of Use shall remain in full force and effect.

No waiver by Post of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Post to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Post regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Contact us

Any feedback, comments, requests for technical support, and other communications should be directed to Consumer Affairs at 1-800-431-7678. Hours of operation are from 9:00 am to 5:00 pm, Eastern Time, Monday through Friday, excluding holidays.